Appellate Division: Second Judicial Department

M270025

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-05881, 2019-08707 Wells Fargo Financial Credit Services New York, Inc., respondent, v Kevin Linane, appellant, et al., defendants. (Index No. 135236/16)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Richmond County, dated May 13, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), in effect, to consolidate that appeal with an appeal from an order of the same court, dated June 17, 2017, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal from the judgment is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed to be filed in connection with the appeal from the judgment, and on or before April 3, 2020, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, the parties shall correct the covers of the record and briefs filed with the Clerk of the Court in connection with the appeal from the order to add Appellate Division Docket No. 2019-08707 and file digital replacement copies of the record and briefs with the corrected covers.

DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court